Yar R. Chaikovsky is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Silicon Valley office. Yar focuses his practice on intellectual property litigation.
Yar has extensive experience litigating matters for companies in all stages of development, from start-ups to established companies. He has litigated in technology fields as diverse as networking, software, hardware, internet, communications, video compression, semiconductors, consumer electronics, analog devices and medical devices.
Yar was ranked as a leading intellectual property lawyer by Chambers USA in 2009, 2010 and 2011, where he was described as a "‘fast processor’ and ‘insightful and productive’." Chambers USA praised him for his “assertive, thorough and thoughtful approach” and his ability to adopt the viewpoint of in-house counsel. Yar also was recognized in the 2011 edition of IAM Patent Litigation 250 – The World’s Leading Patent Litigators and as a leading patent litigator in The Legal 500 United States. Yar was honored in the Daily Journal as one of the 75 Leading Intellectual Property Litigators in 2009, 2010 and 2011. He was previously profiled in the Daily Journal as one of the top 20 lawyers in California under the age of 40 as well as in the Silicon Valley Business Journal’s 40 Under 40. Yar was Yahoo!’s first head patent counsel.
In 2008, Yar was elected as a member of The Fellows of the American Bar Foundation (ABF). Membership in The Fellows is limited to one-third of 1 percent of lawyers licensed to practice in each jurisdiction.
He has been an adjunct lecturer of intellectual property at Stanford Law School, and he is a frequent speaker at conferences around the nation on various aspects of intellectual property law. Yar also is the author of numerous publications on the subject of intellectual property.
Before practicing law, Yar was an engineer in the missile systems defense department of Hughes Aircraft Company.
Yar is a member of several professional organizations including the American Bar Association, American Intellectual Property Law Association, Federal Circuit Bar Association, International Trade Commission Lawyer Association, San Francisco Bay Area IP Inn of Court, American Electronics Association and American Bar Association.
Yar graduated from the University of Southern California in 1991 with a B.S. in Computer Science, magna cum laude, and received the University’s highest scholarship honor, a Trustees’ Scholarship. He received his J.D. from UCLA Law School in 1994 while obtaining the Wheat Scholarship and Murray Fellowship.
Yar is admitted to practice in California, the United States District Courts for Northern California, Central District of California, Eastern District of Texas, Colorado and the District of Columbia and before the U.S. Patent and Trademark Office.
Representative Experience
- Bedrock Computer Technologies LLC v. Softlayer Technologies, Inc., et al. (E.D. Tex.)—Lead counsel for Yahoo! Inc. in a multi-defendant action relating to information storage systems. Successfully secured a jury verdict of non-infringement.
- In the Matter of Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers (USITC and Del.)—Lead counsel for Rovi Corporation in a matter against Toshiba Corporation regarding patent infringement relating to program guides and parental controls. After a successful Markman argument before ALJ E. James Gildea,obtained a favorable settlement on behalf of Rovi Corporation that resolved multiple lawsuits filed against Toshiba Corporation in the International Trade Commission and in the District of Delaware. As part of the settlement, Toshiba agreed to take a license to Rovi’s interactive program guide (IPG) patent portfolio. Toshiba and Rovi will also work together to implement Rovi technology in Toshiba's products.
- In the Matter of Certain Products Containing Interactive Program Guide and Parent Controls Technology (USITC and E.D. Va.)—Lead counsel for Rovi Corporation in a matter against Sharp Corporation regarding patent infringement relating to program guides and parental controls.
- MobileMedia Ideas LLC v. HTC America, et al. (E.D. Tex.)—Lead counsel for HTC in an 11 patent action allegedly relating to various aspects of handset technology.
- Smartphone Technologies, LLC v. HTC Corporation, et al. (E.D. Tex.)—Lead counsel for HTC in an 9 patent action allegedly relating to various aspects of handset technology.
- Site Update Solutions LLC v. Accor North America, Inc., et al. (N.D. Cal)—Lead counsel for Adobe Information Systems, Amazon.com, Inc., Intuit Inc., LinkedIn Corporation, Newegg, Inc., Sears Roebuck & Co., and Target Corporation in a multi-defendant action relating to search engine update technology. Recently obtained an order granting defendants’ motion to transfer to the Northern District of California.
- Interactive Television Co., LLC v. Fox Entertainment Group, Inc., et al. (S.D. N.Y.)—Lead counsel for Fox Entertainment Group, Inc. and Fox Sports Interactive Media, LLC in a patent infringement lawsuit relating to interactive software technology. The case has been stayed pending reexamination of the patent-in-suit.
- Intellectual Ventures I LLC v. Check Point Software Technologies, LTD., et al. (Del.)—Lead counsel for Trend Micro Incorporated in a multi-patent infringement lawsuit relating to security software technology.
- Advanced Display Technologies of Texas, LLC v. Dell, Inc., et al. (E.D. Tex)—Lead counsel for Futurewei Technologies, Inc. d/b/a Huawei Technologies (USA) in a multi-patent infringement lawsuit relating to digital display technology.
- LVL Patent Group, LLC v. Cellco Partnership, et al. (Del.)—Lead counsel for Futurewei Technologies, Inc., d/b/a Huawei in a multi-patent infringement lawsuit relating to various aspects of handset technology.
- Red Hat, Inc. v. Bedrock Computer Technologies, Inc. (E.D. Tex.)—Lead counsel for The Gap Inc. in a multi-defendant action relating to information storage systems. Successfully secured a dismissal with prejudice.
- PACid Group LLC v. Apple, Inc. et al. (E.D. Tex.)—Lead counsel for Broadcom Corporation in a multi-defendant action involving multiple patents relating to encryption technology. After a successful Markman hearing and Order, secured a dismissal with prejudice.
- PACid Group LLC v. Asustek Computer, Inc. et al. (E.D. Tex.)—Lead counsel for Motorola Incorporated in a multi-defendant action involving multiple patents relating to encryption technology.
- PACid Group LLC v. Best Buy Co., Inc. et al. (E.D. Tex.)—Lead counsel for Huawei Technologies Co., Ltd. and FutureWei Technologies, Inc. in a multi-defendant action involving multiple patents relating to encryption technology. Successfully secured a dismissal with prejudice.
- Trend Micro Incorporated v. WhiteCell Software (N.D. Cal.)—Lead counsel for Trend Micro Incorporated in a patent infringement lawsuit relating to security program technology.
- In the Matter of Certain Flash Memory and Products Containing Same (USITC and Del.)—Counsel for Spansion LLC in an ITC action involving flash memory technology. Publicly reported that Samsung will pay Spansion $150 million as part of a patent cross licensing agreement that settled all ongoing litigation.
- Meteora, LLC v. Marshal8E6, et al. (C.D. Cal.)—Successfully secured a dismissal with prejudice as lead counsel for Trend Micro Incorporated in a multi-defendant action relating to content filtering technology.
- Information Protection and Authentication of Texas, LLC v. Symantec Corp., et al. (E.D. Tex.)—Successfully secured a dismissal with prejudice as lead counsel for Trend Micro Incorporated in a multi-defendant action relating to security software.
- Alcatel-Lucent USA, Inc. v. Amazon.com, Inc., et al. (E.D. Tex.)–Representing Newegg, Inc. in a multi-defendant action involving transmission of information over a network.
- Easyweb Technologies, Inc. v. Blip Networks et al. (E.D.N.Y)—Successfully secured a dismissal with prejudice as lead counsel for MySpace and Photobucket.com in a patent infringement action involving file-sharing technology.
- Pitney Bowes Inc. et al. v. Zumbox, Inc. (C.D. Cal.)—Lead counsel for Zumbox Inc. in an action involving paperless mail delivery technology. Successfully secured a stay pending reexamination of 3 patents in suit where, in reexamination, all claims were rejected in one asserted patent and all claims were confirmed in the other two asserted patents.
- Carestream Health, Inc. v. Vatech Co., Ltd., et al. (W.D.N.Y.)— Represented Vatech Co., Ltd. and E-Woo Technology, Co., Ltd. in an action involving CT scanning technology. The parties successfully reached a settlement.
- Advanced Analogic Technologies, Inc., v. Kinetic Technologies Inc. (N.D. Cal.)—Represented Kinetic Technologies in a patent infringement action involving LED driver circuit technology and successfully secured a stay of the case pending reexamination even before the Patent Office had granted the reexamination request.
- Plasma Physics Corp. et al. v. AU Optronics Corp. (E.D.N.Y.)—Represented AUO in a multi-defendant action involving plasma-enhanced chemical vapor deposition technology for semiconductor fabrication.
- Geomas (International) Limited, et al. v. Idearc Media Services-West (E.D. Tex.)—Represented Geomas in a matter relating to systems and methods, such as search engines and databases, for conducting geographical and topical searches. After receiving the Markman order, the case was successfully resolved.
- Fastenetix, LLC v. Medtronic Somafor Danek, Inc. (D. N.J.)—Lead patent litigation counsel for Fastenetix who successfully settled an action to enforce patents covering spinal implant devices. Medtronic publicly reported that it made payment of $125 million for the settlement of the litigation and purchase of the patents.
- In the Matter of Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (USITC)—Lead ITC counsel for Spansion LLC and Spansion Inc. in an ITC action involving semiconductor packaging technology.
- In the Matter of Certain Baseband Processor Chips and Chipsets, Transmitter and Receiver (Radio) Chips, Power Control Chips, and Products Containing Same, Including Cellular Telephones Handsets (USITC)—Represented Broadcom in an ITC action before U.S. Customs and Border Protection to enforce an ITC exclusion order.
- LendingTree LLC v. LowerMyBills, Inc. (W.D.N.C.)—Lead patent litigation counsel for an Experian subsidiary, LowerMyBills, in a patent infringement action relating to online mortgage loan technology.
- In the Matter of Certain Color Television Receivers and Color Display Monitors, and Components Thereof (USITC)—Represented Thomson Licensing S.A. and Thomson Licensing Inc. in an ITC action involving flat-panel display technology.
Education
- University of California-Los Angeles School of Law, J.D., 1994
- University of Southern California, B.S. (magna cum laude), 1991
